Kamaka Partners LLC v. Iron Eagle, Inc.
| Hawaii District Court | |
| Judge: | Jill A Otake |
| Referred: | Rom Trader |
| Case #: | 1:24-cv-00265 |
| Nature of Suit | 880 Civil Rights - Defend Trade Secrets Act of 2016 (DTSA) |
| Cause | 18:1836(b) Civil Action to Protect Trade Secrets |
| Case Filed: | Jun 24, 2024 |
| Last checked: Thursday Aug 08, 2024 1:02 AM HST |
|
Defendant
John Gravener
|
|
|
Defendant
Iron Eagle, Inc.
|
|
|
Defendant
James Petrides
|
|
|
Plaintiff
Kamaka Air LLC
|
Represented By
|
|
Plaintiff
Kamaka Holdings LLC
|
Represented By
|
|
Plaintiff
Kamaka Partners LLC
|
Represented By
|
| Docket last updated: 08/22/2024 11:59 PM HST |
| Monday, August 19, 2024 | ||
| 68 | 68
minutes
1 - Terminate Hearings 2 - Set Hearings
Mon 08/19 12:55 PM
EP: TELEPHONIC RULE 16 CONFERENCE not held on 8/19/2024. Discussion had. As Defendants anticipate filing their answer on 8/26/2024 which may include a jury demand, the Court elects to defer scheduling dates and deadlines at this time. The Telephonic Rule 16 Scheduling Conference is CONTINUED to 8/30/2024 at 9:30 a.m. before Magistrate Judge Trader. No submissions required. Parties and other participants must call in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below: Dial in number: 1-833-568-8864 (toll-free). Meeting ID: 161 5641 6035. (ZOOM / 8:56 a.m. - 9:04 a.m.) (MAGISTRATE JUDGE ROM TRADER)(ab) |
|
| 67 | 67
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 08/19 10:56 AM
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Anna Elizabeth Currier, Esq. re60 - Signed by MAGISTRATE JUDGE ROM TRADER on 8/19/2024. Attorney Anna Elizabeth Currier added Pro Hac Vice for Defendants Iron Eagle, Inc., James Petrides, and John Gravener. (jni) |
|
| 66 | 66
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 08/19 10:38 AM
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to David A. Dorey, Esq. re59 - Signed by MAGISTRATE JUDGE ROM TRADER on 8/19/2024. Attorney David A. Dorey added Pro Hac Vice for Defendants Iron Eagle, Inc., James Petrides, and John Gravener. (jni) |
|
| 65 | 65
1
pgs
order
Order on Motion to Appear Pro Hac Vice
Mon 08/19 10:29 AM
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Mike Margolis, Esq. re58 - Signed by MAGISTRATE JUDGE ROM TRADER on 8/19/2024. Attorney Mike Margolis added Pro Hac Vice for Defendants Iron Eagle, Inc., James Petrides, and John Gravener. (jni) |
|
| Thursday, August 15, 2024 | ||
| 64 | 64
10
pgs
order
Order
Thu 08/15 1:18 PM
ORDER REGARDING AUGUST 13, 2024 LR.37.1 DISCOVERY CONFERENCE re63 - Signed by MAGISTRATE JUDGE ROM TRADER on 8/15/2024. (eta) |
|
| Wednesday, August 14, 2024 | ||
| 61 | 61
misc
Corporate Disclosure Statement
Wed 08/14 10:03 AM
Corporate Disclosure Statement by John Gravener, Iron Eagle, Inc., James Petrides.(Shinyama, Ross) |
|
|
Att: 1
Certificate of Service
|
||
| 60 | 60
motion
Pro Hac Vice
Wed 08/14 9:56 AM
MOTION for Pro Hac Vice Anna Elizabeth Currier Filing fee $ 300, receipt number AHIDC-3041421.Ross T. Shinyama appearing for Defendants John Gravener, Iron Eagle, Inc., James Petrides(Shinyama, Ross) |
|
|
Att: 1
Declaration of Counsel,
|
||
|
Att: 2
Order Granting Motion for Pro Hac Vice
|
||
| 59 | 59
motion
Pro Hac Vice
Wed 08/14 9:46 AM
MOTION for Pro Hac Vice of David A. Dorey Filing fee $ 300, receipt number AHIDC-3041412.Ross T. Shinyama appearing for Defendants John Gravener, Iron Eagle, Inc., James Petrides(Shinyama, Ross) |
|
|
Att: 1
Declaration of Counsel,
|
||
|
Att: 2
Order Granting Motion to Appear Pro Hac Vice
|
||
| 58 | 58
motion
Pro Hac Vice
Wed 08/14 9:34 AM
MOTION for Pro Hac Vice Mike Margolis Filing fee $ 300, receipt number AHIDC-3041401.Rihui Yuan appearing for Defendants John Gravener, Iron Eagle, Inc., James Petrides(Yuan, Rihui) |
|
|
Att: 1
Declaration of Counsel,
|
||
|
Att: 2
Order Granting Motion to Appear Pro Hac Vice
|
||
| Tuesday, August 13, 2024 | ||
| 63 | 63
minutes
Link
Wed 08/14 2:33 PM
AMENDED EP re :62 : TELEPHONIC DISCOVERY CONFERENCE had on 8/13/2024. Others Present : David Dorey, Esq for Defendants Iron Eagle, Inc., James Petrides, and John Gravener. Court takes judicial notice of its records and files, including the following: 1. [ECF 1 ] Complaint ; 2. [ECF 16 ] Plaintiffs' Ex Parte Motion for Temporary Restraining Order ("Motion for TRO"); 3. [ECF 35 ] Stipulation for Preliminary Stand-Still; Order ; 4. [ECF 42 ] Event Proceeding (Minutes for Early Settlement Conference on 7/24/2024) ; 5. [ECF 43 ] Letter addressed to Magistrate Judge Trader from Andrew J. Lautenbach, Esq., dated July 25, 2024 ; 6. [ECF 44 ] Letter to Magistrate Judge Trader, regarding discovery dispute ; 7. [ECF 53 ] Letter Brief Pursuant to LR 37.1 by Plaintiffs ; 8. [ECF 54 ] Letter Brief Pursuant to LR 37.1 by Defendants ; and 9. All prior court proceedings. Arguments heard. Ruling: Parties are before the Court on a request for expedited assistance. Plaintiffs Kamaka Partners, LLC, Kamaka Holdings LLC and Kamaka Air LLC (collectively, "Plaintiffs") and Defendant James Petrides ("Petrides") have resolved all matters relating to the [ECF 16 ] Motion for TRO , except for the sole disputed issue now before the Court. ECF No. 35. The dispute before the Court involves whether Petrides and Defendants John Gravener ("Gravener") and Iron Eagle, Inc. (collectively, "Defendants") should be permitted contemporaneous access along with Plaintiffs to emails, documents and other materials on two personal laptop computers belonging to Petrides, following review and segregation by a third-party vendor. The parties also have successfully resolved by proposed stipulation a process whereby a third-party vendor would review and segregate emails, documents and other materials on the laptop computers. As part of this process, non-personal and non-privileged emails, documents and material would be provided and the parties would be required to attempt to resolve disagreements about personal and privileged matters. The parties disagree about whether Plaintiffs should receive exclusive access to emails, documents and other materials provided by the vendor or whether Defendants should also have equal access contemporaneous with Plaintiffs. After careful consideration of the arguments of counsel and within the unique circumstances of this case, the Court finds agrees with Defendants and orders that Defendants have equal access. To be clear, the Court agrees that doing so effectively permits Defendants to short-cut the discovery process and may be rewarding allegedly bad behavior by Defendants. As a practical matter, however, permitting Defendants to have equal access does not interfere with Plaintiffs securing the swift and rightful return of their own emails and documents. Moreover, Plaintiffs' concerns about potential misuse of its' confidential and otherwise proprietary business records is adequately addressed by the [ECF 35]] Stipulation for Preliminary Stand-Still and Order currently on file for Petrides and as will be separately required for the remaining two defendants. Should any Defendant violate the Court's orders, then appropriate sanctions may be fashioned. Furthermore, to the extent that Petrides comingled personal and privileged emails and documents along with Plaintiff's business-related emails, documents and other information on his personal laptops, precluding Petrides from having equal access would effectively ignore any valid interest he may have in maintaining not only his privacy, but also preventing access to privileged communications and documents. Notably, in reaching its ruling, the Court makes no determination about the parties' competing claims as to whether Petrides or Gravener retain any right to access/inspect Plaintiff's business records as a result of their status as part-owners of Kamaka Holdings, LLC. As to Gravener and Defendant Iron Eagle's ability to enjoy the same access as Petrides, it is entirely subject to their execution and filing of a stipulation and order substantially identical to [ECF 25 ] Stipulation for Preliminary Stand-Still and Order executed by Petrides. By 8/15/2024 at 12:00 p.m. (HST), Mr. Shinyama to submit the proposed order effectuating the Court's ruling, which incorporates the terms already stipulated to by the parties. Proposed order to be emailed to Trader_Orders@hid.uscourts.gov . (ZOOM / 1:59 p.m. - 2:50 p.m.) (MAGISTRATE JUDGE ROM TRADER) (jo) |
|
| 62 | 62
minutes
Discovery Hearing
Wed 08/14 10:25 AM
EP: TELEPHONIC DISCOVERY CONFERENCE had on 8/13/2024. Others Present : David Dorey, Esq for Defendants Iron Eagle, Inc., James Petrides, and John Gravener. Court takes judicial notice of its records and files, including the following:<>. [ECF1 ] Complaint ; 2. [ECF16 ] Plaintiffs' Ex Parte Motion for Temporary Restraining Order ("Motion for TRO"); 3. [ECF35 ] Stipulation for Preliminary Stand-Still; Order ; 4. [ECF42 ] Event Proceeding (Minutes for Early Settlement Conference on 7/24/2024) ; 5. [ECF43 ] Letter addressed to Magistrate Judge Trader from Andrew J. Lautenbach, Esq., dated July 25, 2024 ; 6. [ECF44 ] Letter to Magistrate Judge Trader, regarding discovery dispute ; 7. [ECF53 ] Letter Brief Pursuant to LR 37.1 by Plaintiffs ; 8. [ECF54 ] Letter Brief Pursuant to LR 37.1 by Defendants ; and 9. All prior court proceedings. Arguments heard. Ruling: Parties are before the Court on a request for expedited assistance. Plaintiffs Kamaka Partners, LLC, Kamaka Holdings LLC and Kamaka Air LLC (collectively, "Plaintiffs") and Defendant James Petrides ("Petrides") have resolved all matters relating to the [ECF 16 ] Motion for TRO , except for the sole disputed issue now before the Court. ECF No. 35. The dispute before the Court involves whether Petrides and Defendants John Gravener ("Gravener") and Iron Eagle, Inc. (collectively, "Defendants") should be permitted contemporaneous access along with Plaintiffs to emails, documents and other materials on two personal laptop computers belonging to Petrides, following review and segregation by a third-party vendor. The parties also have successfully resolved by proposed stipulation a process whereby a third-party vendor would review and segregate emails, documents and other materials on the laptop computers. As part of this process, non-personal and non-privileged emails, documents and material would be provided and the parties would be required to attempt to resolve disagreements about personal and privileged matters. The parties disagree about whether Plaintiffs should receive exclusive access to emails, documents and other materials provided by the vendor or whether Defendants should also have equal access contemporaneous with Plaintiffs. After careful consideration of the arguments of counsel and within the unique circumstances of this case, the Court finds agrees with Defendants and orders that Defendants have equal access. To be clear, the Court agrees that doing so effectively permits Defendants to short-cut the discovery process and may be rewarding allegedly bad behavior by Defendants. As a practical matter, however, permitting Defendants to have equal access does not interfere with Plaintiffs securing the swift and rightful return of their own emails and documents. Moreover, Plaintiffs' concerns about potential misuse of its' confidential and otherwise proprietary business records is adequately addressed by the [ECF 35]] Stipulation for Preliminary Stand-Still and Order currently on file for Petrides and as will be separately required for the remaining two defendants. Should any Defendant violate the Court's orders, then appropriate sanctions may be fashioned. Furthermore, to the extent that Petrides comingled personal and privileged emails and documents along with Plaintiff's business-related emails, documents and other information on his personal laptops, precluding Petrides from having equal access would effectively ignore any valid interest he may have in maintaining not only his privacy, but also preventing access to privileged communications and documents. Notably, in reaching its ruling, the Court makes no determination about the parties' competing claims as to whether Petrides or Gravener retain any right to access/inspect Plaintiff's business records as a result of their status as part-owners of Kamaka Holdings, LLC. As to Gravener and Defendant Iron Eagle's ability to enjoy the same access as Petrides, it is entirely subject to their execution and filing of a stipulation and order substantially identical to [ECF 25 ] Stipulation for Preliminary Stand-Still and Order executed by Petrides. By 8/14/2024 at 12:00 p.m. (HST), Mr. Shinyama to submit the proposed order effectuating the Court's ruling, which incorporates the terms already stipulated to by the parties. Proposed order to be emailed to Trader_Orders@hid.uscourts.gov . (ZOOM / 1:59 p.m. - 2:50 p.m.) (MAGISTRATE JUDGE ROM TRADER)(ab) Date of Entry Modified on 8/14/2024 (jo) |
|
|
misc
Court's Certificate of Service
Tue 08/13 1:21 PM
COURT'S CERTIFICATE of Service - a copy of56 Scheduling Conference Statement,57 Report of Planning Meeting has been served by First Class Mail to the addresses of record on. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg) |
||
| Monday, August 12, 2024 | ||
| 57 | 57
misc
Report of Planning Meeting
Mon 08/12 4:39 PM
REPORT of Planning Meeting JOINT REPORT OF THE MEETING OF THE PARTIES; CERTIFICATE OF SERVICE .(Lautenbach, Andrew) |
|
|
Att: 1
Certificate of Service
|
||
| 56 | 56
misc
Scheduling Conference Statement
Mon 08/12 4:38 PM
Scheduling Conference Statement .(Lautenbach, Andrew) |
|
|
Att: 1
Certificate of Service
|
||
| 55 | 55
misc
Scheduling Conference Statement
Mon 08/12 4:10 PM
Scheduling Conference Statement filed by Defendants Iron Eagle, Inc., James Petrides, and John Gravener .(Shinyama, Ross) |
|
|
Att: 1
Certificate of Service
|
||